James Abner Cate Pension

Pension File of James Abner Cate
Transcribed by Lewis W. Flanagin
Copyright © 2007 Lewis W. Flanagin

Endorsements Herein for Comptroller’s Use Exclusively.

FORM NO. 1

CONFEDERATE PENSION APPLICATION.

Name of Applicant,

J. A. Cate

Mason County.

Post Office Fredonia, Tx

Comptroller’s File No. 6727

I have carefully examined the within application for pension, together with the proof in support thereof, and
I recommend that the application be approved this 16 day of March A. D. 1900.

Wm. J. ???
Pension Clerk.

I hereby approve the within application for pension, this 16 day of March A. D. 1900.

W. Hailey
Comptroller.

No Application Rejected by County Judge or County Commissioners
Should be Forwarded to Comptroller.

COMPTROLLER’S OFFICE,
RECEIVED
MAR 3 1900

FORM NO. 1.

Application of Indigent Soldier or Sailor of the Late Confederacy for pension under the
Act of May 12, 1899

THE STATE OF TEXAS,
COUNTY OF Mason

To the Honorable County Judge of Mason County, Texas.
Your petitioner, J. A. Cate respectfully represents that he is a resident citizen of Mason County, in the
State of Texas, and that he makes this application for the purpose of obtaining a pension under the act passed
by the Twenty-sixth Legislature of the State of Texas, and approved May 12, A. D. 1899, the same being an act
entitled “An act to carry into effect the amendment to the Constitution of the State of Texas, providing that
aid may be granted to disabled and dependent Confederate soldiers, sailors, and their widows under certain
conditions, and to make an appropriation therefor,” and I do solemnly swear that the answers I have given to
the following questions are true.

NOTE—Applicant must make answer to all of the following questions, and such answers must be written out plainly
in ink.

Q. What is your name? Answer. J. A. Cate
Q. What is your age? Answer. Sixty years old 60
Q. In what County do you reside? Answer. Mason County
Q. How long have you resided in said County and what is your post office address? Answer. Seventeen year,
P. O. Fredonia Texas
Q. Have you applied for a pension under the Confederate Pension Law heretofore, and been rejected? If so state
when and where. Answer. no
Q. What is your occupation if able to engage in one? Answer. Farming
Q. What is your physical condition? Answer. Bad
Q. If your physical condition is such that you are unable by your own labor to earn a support, state what caused
such disability. Answer. Old age and exposure in war
Q. State in what company and regiment you enlisted in the Confederate army, and the time of your service? Answer.
Co D. 16th Texas regiment. Enlisted in A. D. 1862 and served to end of war
Q. State whether or not you have received any pension or veteran donation land certificate under any previous law,
and if you answer in the affirmative state what pension or veteran donation land certificate you have received.
Answer. no
Q. What real and personal property do you now own, and what is the present value of such property? Give list of
such property and value. Answer.
3 cows and calves $75.00
5 horses 50
15 hogs 15
$140
Q. What property, and what was the value thereof have you sold or conveyed within two years prior to the date of
this application? Answer. none
Q. What income, if any, do you receive? Answer. none
Q. Are you in indigent circumstances; that is, are you in actual want, and destitute of property and means of
subsistence? Answer. yes
Q. Are you unable by your labor to earn a support? Answer. yes
Q. Have you transferred to others any property of value of any kind for the purpose of becoming a beneficiary
under this law? Answer. no
Q. Did you ever desert the Confederacy? Answer. no
Q. Have you been continuously since the first day of January, 1880, a bona fide resident citizen of this State?
Answer. yes
Wherefore your petitioner prays that his application for pension be approved and that such other proceedings
be had in the premises as are required by law.

(Signature of Applicant) J. A. Cate
Sworn to and subscribed before me this 30th day of October A. D. <blank>
S. V. Wood
County Judge Mason County, Texas

AFFIDAVIT OF WITNESSES.

(NOTE—There must be at least two credible witnesses.)

THE STATE OF TEXAS,
COUNTY OF Mason
Before me, S. V. Wood County Judge of Mason County, State of Texas, on this day personally appeared Matthew
Johnston who are personally known to me to be credible citizen, who being duly sworn on oath, state that he
personally know that he, the said applicant, is unable to support himself by labor of any sort.

(Signature of Witness) Matthew Johnston x his mark

Sworn to and subscribed before me this 29 day of January A. D. 1900
S. V. Wood
County Judge, Mason County, Texas.

AFFIDAVIT OF PHYSICIAN.

THE STATE OF TEXAS,
COUNTY OF Mason.
Before me S. V. Wood County Judge of Mason County, State of Texas, on this day personally appeared J. D. Beck,
who is a reputable physician of this County, who being by me duly sworn on oath, states that he has carefully and
thoroughly examined J. A. Cate applicant for a pension, and finds him laboring under the following disabilities
which render him unable to labor at any work or calling sufficient to earn a support for himself: External & internal
hemorrhoids also ??? ??? of long standing also chronic rheumatism that renders him totally unable to perform manual labor

(Signature of Physician) J. D. Beck
Sworn to and subscribed before me this 16 day of February A. D. 1900
S. V. Wood
County Judge Mason County, State of Texas.

CERTIFICATE OF COUNTY JUDGE.

THE STATE OF TEXAS,
COUNTY OF Mason
I, S. V. Wood County Judge of Mason County, State of Texas, do hereby certify that on the 16th day of February
A. D. 1900, before me came on to be heard the application of J. A. Cate for a pension under the Confederate Pension
Law of this State, approved May 12, A. D. 1899; that the answers of said applicant to the questions propounded were
made under oath as the same appear in writing in the foregoing application; that the affidavits of the witnesses who
are credible citizens were made before me as the same hereinbefore appear, and that the foregoing affidavit of Doctor
J. D. Beck who is a reputable practicing physician of this County, was made before me. I also certify that the said
applicant J. A. Cate, is not an inmate of the Texas Confederate Home, nor otherwise disqualified under the provision
of Section 12, of the Confederate Pension Law. I further certify that after considering all the proceedings had
before me relative to the said application for a pension by the said J. A. Cate I find the said applicant is lawfully
entitled to the pension provided by the Confederate Pension Law of this State, and I hereby approve said application.

Witness my hand and seal of office at Mason this 16th
day of February A. D. 1900
S. V. Wood
County Judge Mason County, State of Texas.

CERTIFICATE OF COUNTY COMMISSIONERS.

THE STATE OF TEXAS,
COUNTY OF Mason
We, the undersigned members of the Commissioners Court of Mason County, Texas, hereby certify that the foregoing
application of J. A. Cate for a pension, together with the proof in support thereof, was duly submitted by Hon. S. V. Wood
County Judge of this Mason County, to the Commissioners Court of this Mason County, at a regular term thereof on the 16th
day of February A. D. 1900, and after a careful consideration of the same we find the said applicant is lawfully entitled
to the pension provided for by the Confederate Pension Law of this State, and we hereby approve said application.
Witness our hands and seal of office at Mason this 16th
day of February A. D. 1900
T. J. Wood
A. J. Lindsay
W. G. Westbrook
J. F. Ottens

COMMISSION TO TAKE DEPOSITION IN TEXAS.

THE STATE OF TEXAS,
To the Clerk of the District Court, Judge or Clerk of the County Court, or any Notary Public in and for the County
of Eastland State of Texas—GREETING:
WE HEREBY AUTHORIZE AND REQUIRE YOU, OR EITHER OF YOU, to summon
J. N. Elkins
a resident of your County to come before you forthwith, and that you then and there take his answers, under oath, to
the attached copy of Direct & Cross, Interrogatories, and that you return the same, without delay, to the Clerk of
this Court, as herein provided:
1. That you reduce his answers so taken to writing, in proper form, and cause the same to be subscribed and sworn to
by said witness.
2. That you certify under hand and seal of office, that said answers were sworn to and subscribed before you.
3. That you seal up in an envelope the answers so taken, together with the annexed Interrogatories, and this Commission,
with your name across the seal.
4. That you endorse on the envelope the name of the parties to this suit, and the name of said witness.
5. That you direct the package to the “Clerk of the County Court of Mason County, Mason Texas.”
6. That if said package is sent by mail, the Postmaster or his Deputy shall endorse thereon that he received it from
your hands, and sign his name thereto; or if you entrust it to private conveyance, as provided by the Statute, you will
apprise the person receiving it that it MUST be delivered to the Clerk of THIS Court by HIMSELF IN PERSON; which evidence,
so taken as above, is to be used on the trial of a suit now pending in the County Court of Mason County, in said State
of Texas, wherein J. A. Cate is Plaintiff, and The State of Texas is Defendant.
HEREIN FAIL NOT, but make return of this Writ as the law directs.
Given under my hand and seal of office, at Mason
this 22 day of December A. D. 1899
Attest Wilson Hey
Clerk of the County Court of Mason Co, Texas.

File No. 31
In the County Court of
Mason County,
to February Term, 1899

J. A. Cate
vs.
The State of Texas
COMMISSION
TO TAKE THE DEPOSITION OF
J. N. Elkins

Issued the 22 day of
December 1899

Returned and filed the <blank> day of
<blank> A. D. 18 <blank>
Wilson Hey
Clerk.
County Court Mason
County, Texas.

THE STATE OF TEXAS,
COUNTY OF MASON.

J. A. Cate
vs.
State of Texas.
Application for Pension under the Acts of the 26th Legislature, approved the 12th day of May A. D., 1899,
pending before the County Judge of Mason County, Texas.
To S. V. Wood, County Judge of Mason County: You are hereby notified that 5 days after service hereof
application will be made to the Clerk of the County Court for a Commission to take the answers of J. N. Elkins
who resides in Eastland County, Texas, and of <blank> who resides in <blank> County, Texas, to the following
interrogatories, which when taken are to be used in evidence in said application for said applicant.
Direct interrogatories to be propounded to each of said witnesses, who reside without said County of Mason.
Direct Interrogatory No. 1—What is your name, age, place of residence, and how long have you resided there?

ANSWER:
1st Witness: J. N. Elkins Inside in Eastland County Texas my age is 60 years have residence in said Eastland County
about 14 months
2nd Witness: <blank>

Direct Interrogatory No. 2—Do you personally know J. A. Cate who is an applicant for a pension, under the acts
of the 26th Legislature? How long have you known him? When and where did you first know him? Do you personally
know that he enlisted in the service of the Confederacy, and performed the duties of a soldier in said Confederate
service? If you answer these “yes,” then tell how you know it. Answer fully J. A. Cate (Applicant)

ANSWER:
1st Witness: yes have known him since he was a boy in Burnett Co Tex I know that he enlisted Confederate servis
I know he enlisted by being present when he was sworn in to the servis
2nd Witness: <blank>

Cross Interrogatory by County Judge.—If you have stated in answer to the above direct Interrogatories that you
personally know applicant and know that he entered the Confederate service as a soldier and performed the duties
thereof as such, then state when he entered the service, where that service was performed, and how long did he remain
in said Confederate army, and perform the service as such soldier? State, if you know, what Company and Regiment he
was in. Was there any other man in said Company and Regiment of the same name? State fully. (S. V. WOOD, County Judge.)

ANSWER:
1st Witness: He entered the servis in March 1862 at the town Burnett Burnett Co Tex said servis was mostly erformed
in La & Ark he remained in the Confederate servis till the end of the war he was in 16 Tex Inftry Co D yes he had a
brother in the same co named R S Cate
J. N. Elkin
2nd Witness: <blank>

THE STATE OF TEXAS,
COUNTY OF Eastland.

I Ben Frater do hereby certify the foregoing answers of J. N. Elkins the witnesses, before named, were read before
me and were sworn to and subscribed before me on the 3 day of Feb 1900.
Given under my hand and official seal on this 3 day of Feb 1900.
Ben Frater
Notary Public for Eastland Co Tex

No. 31.
J. A. Cate
vs.
THE STATE OF TEXAS.
Filed 18 day of Dec 1899
Wilson Hey
Clerk County Court, Mason County, Texas.

THE STATE OF TEXAS,
MASON COUNTY.
I hereby waive precept and commission and accept service hereof and have crossed the same, and agree that any
officer with a seal authorized to administer oaths may take answers and depositions to these interrogatories, and
return as the law directs.
This the 22 day of December 1899.
S. V. Wood
County Judge Mason, County, Texas.

THE STATE OF TEXAS,
MASON COUNTY.
I, Wilson Hey, Clerk County Court in and for said county and State do hereby certify the above and foregoing
to be a true and correct copy of original direct and cross interrogatories now on file in my office.
Given under my official seal and signature of office in Mason, Texas, this 22 day of December 1<blank>.
Wilson Hey
Clerk County Court, Mason County, Texas.

Commission to Take Deposition of Non-Resident.

THE STATE OF TEXAS,
To any Clerk of a Court of Record having a Seal, and Notary Public, or any Commissioner of Deeds duly appointed
under the laws of this State, in and for the County of Custer Oklahoma. Terr’y Greeting:
WE HEREBY AUTHORIZE AND REQUIRE YOU, or either of you, to Summon J. F. Miller a resident of your County to
come before you forthwith, and that you then and there take his answers under oath to the attached copy of Direct
& Cross Interrogatories, and that you return the same without delay to the Clerk of the Court as herein provided:

1. That you reduce his answers so taken to writing, in proper form, and cause the same to be subscribed and sworn
to by said witness.
2. That you certify, under your hand and seal of office, that said answers were sworn to and subscribed before you.
3. That you seal up in an envelope the answers so taken, together with the annexed interrogatories, and this Commission,
with your name across the seal.
4. That you endorse on the envelope the name of the parties to this suit, and the name of said witness.
5. That you direct the package to the “Clerk of the County Court of Mason County, Mason Texas.”
6. That if said package is sent by mail, the Postmaster or his Deputy shall endorse thereon that he received it from
your hands, and sign his name thereto; or, if you entrust it to private conveyance, as provided by the Statute, you
will apprize the person receiving it that it must be delivered to the Clerk of this Court by himself in person; which
evidence, so taken as above, is to be used on the trial of a suit now pending in the County Court of Mason County, in
said State of Texas, wherein J. A. Cate is Plaintiff, and The State of Texas is Defendant.
Herein fail not, but make return of this Writ.
ATTEST: Wilson Hey Clerk of
the County Court for the County of Mason
and his seal of office, at Mason this 22
day of December A. D. 1899
Wilson Hey
Clerk of the County Court of Mason County.

No. 31
In the County Court
Of Mason County,
To February Term, 1899
COMMISSION
TO TAKE THE DEPOSITION OF
J. F. MILLER
Vs.
<blank>
NON-RESIDENT OF THE STATE OF TEXAS.
Issued the 22 day of
December 1899
Wilson Hey
CLERK.

THE STATE OF TEXAS,
COUNTY OF MASON.

J. A. Cate
vs.
STATE OF TEXAS.
Application for Pension under the Acts of the 26th Legislature, approved the 12th day of May A. D., 1899,
pending before the County Judge of Mason County, Texas.
To S. V. Wood, County Judge of Mason County: You are hereby notified that 5 days after service hereof
application will be made to the Clerk of the County Court for a Commission to take the answers of J. F. Miller
who resides in Custer County, Oklahoma Territory, and of <blank> who resides in <blank> County, Texas, to the
following interrogatories, which when taken are to be used in evidence in said application for said applicant.
Direct interrogatories to be propounded to each of said witnesses, who reside without said County of Mason.
Direct Interrogatory No. 1—What is your name, age, place of residence, and how long have you resided there?

ANSWER:
1st Witness: J. F. Miller, Age 53, Oscola, Custer County, Oklahoma Territory
2nd Witness: <blank>

Direct Interrogatory No. 2—Do you personally know J. A. Cate who is an applicant for a pension, under the
acts of the 26th Legislature? How long have you known him? When and where did you first know him? Do you
personally know that he enlisted in the service of the Confederacy, and performed the duties of a soldier in
said Confederate service? If you answer these “yes,” then tell how you know it. Answer fully J. A. Cate (Applicant)

ANSWER:
1st Witness: I do. Since 1862. In Burnett County, Texas in the Spring of 1862. I know that J. A. Cate enlisted
in Co D. 16 Inft. Texas in 1862. I was with him in the same company.
2nd Witness: <blank>

ANSWER:
1st Witness: I do not know what month he enlisted but it was in 1862, in Co D. 16 Inft Tex vol. Service rendered in
Tex, Ark, & La. He enlisted at Hemstead Texas. From 1862 till May 1865. He had a brother T. S. Cate in same Co.
No one else by that name.
J. F. Miller
2nd Witness: <blank>

Territory of Oklahoma,
COUNTY OF Custer.

I T. S. Hunt do hereby certify the foregoing answers of J. F. Miller the witnesses, before named, were read
before me and were sworn to and subscribed before me on the 1 day of Feb 1900.
Given under my hand and official seal on this 1 day of Feb 1900.
T. S. Hunt
Notary Public

No. 31.
J. A. Cate
vs.
THE STATE OF TEXAS.
Filed 18 day of Dec 1899
Wilson Hey
Clerk County Court, Mason County, Texas.

THE STATE OF TEXAS,
MASON COUNTY.
I, Wilson Hey, Clerk County Court in and for said county and State do hereby certify the above and foregoing to
be a true and correct copy of original direct and cross interrogatories now on file in my office.
Given under my official seal and signature of office in Mason, Texas, this 22 day of December 1899.
Wilson Hey
Clerk County Court, Mason County, Texas.

AFFIDAVIT OF WITNESSES.

(NOTE—There must be at least two credible witnesses.)

THE STATE OF TEXAS,
COUNTY OF Mason
Before me, S. V. Wood County Judge of Mason County, State of Texas, on this day personally appeared J. D. Tracy
who are personally known to me to be credible citizen, who being duly sworn on oath, state that he personally know
J. A. Cate the above named applicant for a pension, and that they know that he, the said applicant, is unable to
support himself by labor of any sort.

(Signature of Witness) James D. Tracy

Sworn to and subscribed before me this 12 day of Feb A. D. 1900
S. V. Wood
County Judge, Mason County, Texas.

MORTUARY WARRANT

In accordance with Law passed by Thirty-fifth Legislature of Texas in Regular Session
Mason Texas, June 2 1919

STATE OF TEXAS
To Ed Cate
WRITE ADDRESS PLAINLY Fredonia, Texas

Account of Death of Pensioner No. 6727, County Mason
Pensioner’s Name in full J. A. Cate
ITEMIZE ACCOUNT NOT TO EXCEED THIRTY DOLLARS.
Coffin Etc. $30.00
Died April 12-19
To above account for Thirty Dollars is just, due and unpaid.
Ed Cate
Sworn to and subscribed before me this 2 day of June 1919
S. C. Brockman
County Clerk Mason County, Texas

COMPTROLLER’S OFFICE
RECEIVED
JUN 4 1919
No 6745

APPLICATION FOR MORTUARY WARRANT

STATE OF TEXAS,
County of Mason
I, Ed Cate do hereby certify that I am the person to whom is entrusted the paying of the accounts and indebtedness
of the late J. A. Cates, who was a pensioner of the State of Texas, and whose file number is 6727 and whose original
county is Mason.
The said pensioner J. A. Cates, died on the 12 day of April, 1919, in the town of Fredonia County of Mason, Texas.
The pensioner died in the home of Ed Cate who was related to the pensioner as son.
That the warrant which application is hereby made for, shall be applied to paying all or part of the expenses
incurred by the said pensioner.
I further certify that the warrant for the current quarter has not been cashed by the pensioner, to the best of
my knowledge and belief.
I am related to the pensioner as (Friend) Son and that my home is in the town of Fredonia, County of Mason,
State of Texas, that my postoffice address is Fredonia.

Signed Ed. Cate

Before me, S. C. Brockman, County Clerk in and for the County of Mason, State of Texas, personally appeared Ed Cate,
who being by me duly sworn did certify to, and sign the foregoing statement.
S. C. Brockman
Co Clerk in and for Mason Co., Texas.

CERTIFICATE OF UNDERTAKER
I, T. P. Wood, do certify that I am an undertaker in the town of Fredonia, County of Mason, State of Texas, that
I had charge of the body of J. A. Cate, who died in the town of Fredonia, County of Mason, State of Texas, on the 12 day
of April 1919. That said body was prepared for burial by me on the 12 day of April, 1919. That said body was buried in
the Wagram Cemetery, which is located in the County of Mason, State of Texas, and that I am of the opinion that warrant
herein applied for should be issued to the said Ed Cate, who makes the foregoing application.
Signed T. P. Wood
Undertaker.

CERTIFICATE OF PHYSICIAN
I, <blank>, do certify that I am a practicing physician and that I attended <blank> in his last illness, and am of
the opinion that his ailments were <blank>.
I further certify that I am of the opinion that the Mortuary Warrant above requested should be issued in the name
of the aforementioned applicant, in accordance with Act passed by the Thirty-fifth Legislature, and approved <blank> 1917.
Signed Robert George
Physician.
Physician’s Address Fredonia, Texas